Lost in translation Lost in translation

Lost in translation

In this patent case, the judge noted that neither expert was a native English speaker and both had difficulties with questions put to them during...
Degenerative or traumatic spinal damage? Degenerative or traumatic spinal damage?

Degenerative or traumatic spinal damage?

A common issue in personal injury orthopaedic cases is whether the damage of which the claimant complains is degenerative or traumatic in origin or a...
A Day in the Life of an Aerial Imagery Expert A Day in the Life of an Aerial Imagery Expert

A Day in the Life of an Aerial Imagery Expert

Chris Cox is a professional heritage consultant, specialist interpreter of aerial imagery and Lidar data, and an Expert Witness. She is the...
Podcast Episode 10: Equal Representation for Expert Witnesses Podcast Episode 10: Equal Representation for Expert Witnesses

Podcast Episode 10: Equal Representation for Expert Witnesses

In Episode 10 of the Expert Matters Podcast we celebrate International Women's Day. Women are appointed or testify in only 9% of disputes...
Expert Evidence by the Back Door Expert Evidence by the Back Door

Expert Evidence by the Back Door

The judge in this claim for professional negligence struck out a witness statement which contained paragraphs which were pure opinion, made by...
Elevate Your Expertise: Join the EWI's Inaugural Study Day in London Elevate Your Expertise: Join the EWI's Inaugural Study Day in London

Elevate Your Expertise: Join the EWI's Inaugural Study Day in London

The Expert Witness Institute (EWI) is thrilled to announce its inaugural Study Day, a comprehensive event designed to empower both aspiring and...
A Day in the Life of an Accountancy Expert Witness A Day in the Life of an Accountancy Expert Witness

A Day in the Life of an Accountancy Expert Witness

Heather Rogers is an accountant, tax practitioner and Expert Witness. Most of her cases involve director disputes or professional negligence where...
Podcast Episode 9: Becoming an Expert Witness Podcast Episode 9: Becoming an Expert Witness

Podcast Episode 9: Becoming an Expert Witness

In the 9th episode of the Expert Matters Podcast, we look at how to become an Expert Witnesss. If you think expert witness work might be for you,...
Working on a ‘no win – no fee’ basis Working on a ‘no win – no fee’ basis

Working on a ‘no win – no fee’ basis

Professor Keith Rix discusses whether experts can accept instructions on the basis of mirroring the solicitors’ ‘no win – no...
Call for evidence: Use of evidence generated by software in criminal proceedings Call for evidence: Use of evidence generated by software in criminal proceedings

Call for evidence: Use of evidence generated by software in criminal proceedings

The Ministry of Justice has published a call for evidence on the use of evidence generated by software in criminal proceedings. The call for...
A Day in the Life of an Emergency Medicine Expert Witness A Day in the Life of an Emergency Medicine Expert Witness

A Day in the Life of an Emergency Medicine Expert Witness

Colin Holburn is an EWI fellow, governor and founding member. A consultant in accident and emergency medicine, he has been practising as an Expert...
Podcast Episode 8: Re-evaluating your opinion Podcast Episode 8: Re-evaluating your opinion

Podcast Episode 8: Re-evaluating your opinion

In the 8th episode of the Expert Matters Podcast, we discuss re-evaluating your opinion. We look at possible reasons why you might wish to re-evaluate...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Stay within your expertise - you don’t become an expert by virtue of having acquired knowledge in the course of the case itself
Wiebke Morgan 1307

Stay within your expertise - you don’t become an expert by virtue of having acquired knowledge in the course of the case itself

byWiebke Morgan

The judgment of Mrs Justice Bacon in Sycurio Ltd v PCI-Pal PLC & Anor [2023] EWHC 2161 (Pat) contains important reminders for both experts and lawyers.

 

The instructing solicitors should not simply assume that the expert will understand the requirements of CPR Pt 35 and the Practice Direction. It is their responsibility to ensure that the expert has the necessary expertise and is aware of the duties imposed on an expert witness.”

 

 In particular, that the expert witness must give evidence on matters which fall “within their expertise”.

 

During the course of the trial it transpired that one of the expert witnesses (whose qualifications in their own field were not in doubt) had written a report and gave evidence on matters that were clearly outside their field of expertise. The result was that the judge was unable to accept their evidence on any matter that fell outside their core area of expertise. “The disputed matters in the case, in so far as they concerned the expert evidence, were matters on which Mrs Penn had opined, but for which I cannot give her evidence any weight.”

 

The judge was very clear that, of course, experts may need to do further research to enhance their existing knowledge, but they should not give evidence on issues where they have “sought to read in and educate themselves in the relevant field for the purposes of the field in question”.

 

The full judgement can be found in the link below – paragraphs 8 -25 concern the expert witnesses.

 

Learning points:

  • Stay within your field of expertise
  • Lawyers should not assume that the expert understands the requirements of CPR Part 35 and the Practice Direction – they need to ensure that the experts do

Share

Print
Comments are only visible to subscribers.